Talkov Law’s attorneys serving Alameda County are exceptionally experienced in California partition actions and have conducted over 450 for our satisfied clients. California partition actions allows for the division of real property owned by two or more persons. This statute allows for the court to order the sale of the property and the division of the proceeds among the owners. The court may also order the property to be physically divided among the owners. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the court finds that a physical division of the property would be impractical or inequitable. The partition statutes also provide for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property. The legal effect of the California partition statute is that it allows for the court to order the sale of the property and the division of the proceeds among the owners if the owners cannot agree on a physical division of the property.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- In a partition action, can I be reimbursed for paying more than my fair share of the down payment? Yes, partition actions allow for offsets whereby one co-owner claims excess payments for mortgage, taxes, insurance, improvements, repairs and other property expenses
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
- What are the costs associated with a partition action? The costs of a partition action generally involve the attorney’s fees, and court costs, but can involve referee fees and broker’s fees if the property is sold.
- How do I file a partition action? Partition actions must be filed in the county where some or all of the co-owned real property is located by way of a partition complaint. While filing the complaint is relatively easy, reaching the end of the partition as quickly and efficiently as possible requires the skill of an experienced partition attorney.
Union City is a city located in the San Francisco Bay Area of California. It is situated in the eastern part of Alameda County, between Hayward and Fremont. Union City is the most populous city in the Tri-City area. The city is known for its diverse population, with over 50% of its residents being foreign-born. Union City is home to many parks, trails, and open spaces, as well as a variety of shopping and dining options. The city is also home to the Union Landing Shopping Center, which features a variety of stores and restaurants. Union City is a great place to live, work, and play.
Speak to Our Union City Partition Attorneys Today
Call our Alameda County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!
Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation
Kipp v. Kipp – Partition Action Case Study
In the legal case of Kipp v. Kipp, 42 Cal.2d 724 (1954), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Mrs. Kipp, owned a one-third interest in a parcel of real property with her two sons, who owned the remaining two-thirds interest. Mrs. Kipp sought to partition the property, but her sons refused to consent. The court held that a partition of real property could be made without the consent of all the owners, provided that the partition was made in good faith and was fair and equitable to all parties. The court also held that the partition should be made in such a way as to minimize the economic loss to the non-consenting owners.
Frequently Asked Questions About Partitions in Union City
How Much Does a Partition Action Cost in Union City?
The costs of a partition action—including attorney fees, court fees, appraiser fees, and other legal expenses—are typically around $20,000. While some cases may incur fees as low as $5,000 or exceed $20,000, depending on their complexity, these expenses are generally shared among the co-owners. The court may also adjust the distribution of these costs based on each party’s level of involvement or responsibility, ensuring a fairer allocation when needed.
Who Can File a Partition Action in Union City?
A partition action can be filed by any co-owner of a property, excluding married couples who own it as community property. A majority ownership is not required to initiate a partition action. Common situations for partition actions include disputes among siblings inheriting property, former romantic partners, friends or family members who purchased property together, and divorced couples.
Who Pays for a Partition Action?
In Union City, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
Can a Partition Action Be Stopped in Union City?
Generally, a partition action cannot be stopped, but a defendant may be able to buy time to seek a resolution. Eventually, however, the plaintiff can generally force the sale of the property based on the absolute right to partition.
Contact our Team of Experienced Partition Lawyers Serving the City of Union City, County of Alameda, California
Our Union City partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov Law Partition Attorneys unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law, call (510) 999-3300 or contact us online today.
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Fremont, Newark, Hayward, San Leandro, San Lorenzo, and Castro Valley
